358/2001 Sb.



GOVERNMENT REGULATION



of 29 April 2004. August 2001,



laying down technical requirements for explosives for civil use

When placing on the market



Change: 416/2003 Coll.



Government orders under section 22 of Act No. 22/1997 Coll., on technical

requirements for products and amending and supplementing certain acts, as amended by

Act No. 71/2000 Coll. (hereinafter the "Act") to implement section 11 para. 2, §

12 paragraph 1. 1 and 4 and § 13 para. 2 and 4 of the Act:



§ 1



(1) the provisions of this regulation are in accordance with the law of the European Communities ^ 1)

laying down technical requirements for explosives for civilian use when they

placing on the market.



(2) Explosives for the purposes of this Regulation shall mean substances and articles of

which it lays down a specific law. ^ 2)



§ 2



(1) the explosives are set out under section 12 paragraph 1 products. 1 of the law.



(2) Explosives shall comply with the essential safety requirements laid down

in annex 1 to this regulation.



(3) the basic requirements set out in annex 1 to this regulation,

be deemed to be met if there are explosives in conformity with harmonised

Czech technical standards, where appropriate, with international technical

standards transposing in the Member States of the European Union harmonised

European standards (Section 4a of the Act).



(4) all explosives shall be for the entire period for which it has with them

dispose of in accordance with the essential safety requirements set out in

Annex 1 to this regulation. The explosives, that this requirement

do not meet, must be destroyed.



§ 3



(1) the manufacturer before placing explosives on the market ensures conformity assessment (section

12 paragraph 1. 3 of the Act) with the essential safety requirements set out in

Annex 1 to this regulation, in accordance with the following procedures:



EC type-examination) pursuant to part I of the annex 2 to this regulation and

to do this, according to the manufacturer's choice



1. the conformity of the type referred to in section II. Annex 2 to this regulation,



2. production quality assurance referred to in part III. Annex 2 to this

Regulation,



3. quality assurance of the product in accordance with part IV. Annex 2 to this

Regulation, or



4. authentication each product in accordance with part V of annex 2 to this

Regulation; or



(b) the unit verification) under part VI. Annex 2 to this regulation.



(2) on the explosives, which are covered by the relevant international agreement ^ 4)

and which satisfy the requirements of this regulation, including the assessment of

conformity the CE marking the manufacturer places. ^ 5)



(3) the CE conformity marking must be at the explosives made in such a

way as to be visible, legible and durable, and it directly on

explosives themselves or, if this is not possible, on an identification plate

attached thereto or on the packaging. The identification plate must be

made to allow re-use. It is forbidden to place

the explosives marking (marker) that could be interchangeable with

the CE marking.



(4) conformity assessment referred to in paragraph 1 and the location of the CE conformity marking may

ensure, if so on this regulation, authorised

representative [section 2 (b), (f)) of the Act].



(5) for explosives originating in States with which the parties had not agreed

the relevant international treaty, ^ 4) shall render the Declaration of conformity (section 13

paragraph. 2 of the Act). The Declaration of conformity shall be drawn up in the English language, and

contains the following elements:



and) identification of manufacturers or importers, that Declaration of conformity

issues, (name and surname, place of residence, place of business and

the identification number of the natural person if it has been assigned, or business

the company, registered office and identification number of the legal person if it has been

allocated),



(b)) výbušnině identification data (name, design, user

packaging, dimensions, weight, or cartridge packaging, shelf life,

identification of the manufacturer),



(c)) and description, characteristics, use of explosives (by the manufacturer, or

the importer of the intended purpose of use)



(d)) the list of technical regulations (§ 3 of the law) and the harmonised

technical standards used in conformity assessment,



e) data on the used a conformity assessment procedure



(f) particulars of the authorized person) (business name, address, identification

the number of the notified body, if one has been assigned) and the registration number and

the release date of its award,



g) confirmation of the manufacturer or the importer to the effect that the explosives properties meet

the essential safety requirements,



h) date and place of issue the Declaration of conformity, the name and function of the responsible

persons of the manufacturer or importer and its signature.



section 3a



Notice of the imposition of a safeguard measure



In the case that was for explosives under the safeguard measure imposed

a special legal regulation, ^ 6) shall be indicated in the notification of the decision

the imposition of a safeguard measure pursuant to § 7 para. 8 of the Act, whether non-compliance has been

caused by



and) satisfy the essential requirements pursuant to § 2 (2). 2,



b) incorrect application of the technical standards according to § 2 (2). 3, or



(c)) the shortcomings of the technical standards according to § 2 (2). 3.



§ 4



Authorization (section 11 of the Act) for conformity assessment may be granted only

legal persons that meet the minimum requirements set out in the annex

# 3, to this regulation.



§ 5



(1) The explosives put into circulation before the date of entry into force of this

Regulation in accordance with the existing legislation, are seen as a

explosives placed on the market pursuant to this regulation.



(2) the entry into force of § 3 para. 1, 2 and 3 with the Declaration of conformity referred to in

§ 3 para. 5 requests for explosives, regardless of their country of origin.



§ 6



(1) this Regulation shall enter into force on 1 January 2000. in January 2002, with the exception of



and the provisions of § 3 paragraph 1). 1, 2 and 3 of this regulation, which shall become

effect on the date of publication of the sectoral annex "explosives" to the Protocol to the

The Europe agreement on conformity assessment and acceptance of industrial products

The collection of international treaties, but not later than the date on which the Treaty on the

accession of the Czech Republic to the European Union entered into force, and



(b) the provisions of § 3 paragraph 1). 4 and the provisions of the annexes to this regulation, if

relate to the authorized representative, which will become effective on the date of entry

the Treaty of accession of the Czech Republic to the European Union enters into force.



(2) the date of entry of the Treaty of accession of the Czech Republic to the European Union in

of expiry of the validity of § 3 para. 5.



Prime Minister:



Ing. Zeman in r.



Deputy Prime Minister and Minister of industry and trade:



Ing. Gregr, r.



Annex 1



Essential safety requirements



(I).



General requirements



1. Each explosive must be designed, constructed and delivered so as to

normal and foreseeable conditions, in particular with regard to the safety

regulations and common practices, until their use to a minimum

threatened the safety of human life and health, and to avoid

damage to property and the environment.



2. Each explosive must have performance indicated by the manufacturer, in order to

secure the greatest possible safety and reliability.



3. Each explosive must be designed and constructed so that, when you use the

appropriate technology it was able to defuse the way, whose influence on

the environment is as small as possible.



II.



Special requirements



1. Each explosive must be tested under real conditions. If it

It is not possible to do this in the lab, it is necessary to perform tests under conditions

under which the explosive is to be used. The following information and

where appropriate, the properties should be tested and can be considered as the minimum



and) description and characteristics of the explosives, including chemical

composition, degree of blending and, where appropriate, dimensions and grain size,



(b)), the physical and chemical stability of the explosive in all conditions the ambient

environment, which it may be subjected,



c) sensitivity to impact and friction,



(d) compatibility of all components) with regard to their physical and chemical

stability,



e) chemical purity of the explosives,



f) resistance of the explosive against influence of water, if it is intended for

use in damp or wet environment and where its safety or

reliability may be adversely affected by water,



g) resistance to low and high temperatures, where the explosive is intended

to be stored or used at such temperatures and when its

safety or reliability may be adversely affected by cooling

or heating of a component or of the explosive as a whole,



h) the suitability of explosives for use in hazardous environments (for example,

explosive atmosphere, hot objects) if it is intended for

the use in such conditions,



I) security against untimely or inadvertent initiation or ignition,



(j)) and the operation of the explosives properly charging when using for its intended

the purpose,



k) suitable instructions and, where necessary, as well as marking indicating

safe handling, storage, use and disposal, and in

official language or languages of the Member State of the recipient,



l) ability of the explosive, its covering or other components to withstand

deterioration during storage until the date specified by the manufacturer,



m) the designation of all devices and accessories needed for reliable and

the safe functioning of the explosive.



2. the various groups of explosives must also meet at least the following

requirements:



A. Blasting Explosives



and the proposed method of initiation must) ensure a reliable and complete


the detonation of explosives or deflagraci. In the case of black powder is to be

check the ability of the deflagration.



b) blasting explosives in cartridge form must transmit the detonation safely and

reliably from one of the explosive bolts on the other.



c) Fumes arising during the explosion of mining explosives may contain

carbon monoxide, nitrogen oxides and other gases, vapours or Airborn solid

residues only in quantities under normal operating conditions

do not harm health.



B. detonating cords, Safety fuses and shock tubes



and) detonating cords and fuses must be of adequate mechanical strength and

to ensure adequate protection of the explosive filling when exposed to normal mechanical

stress. It is necessary to shock tubes functionality won't initialize

explosives and reasonable tensile strength.



(b)) the burning times of Safety fuses must be indicated and must be reliably

complied with.



c) detonating cords must be capable of being reliably initiated, be of

sufficient initiation capability and comply with requirements for storage

even in particular climatic conditions.



C. detonators (including delay detonators) and relays



a) detonators must reliably initiate the detonation of the blasting explosives which are

determined, under all foreseeable conditions of use.



b) relays must be reliably initiated.



(c)) the initiation capability must not be adversely affected by humidity.



d) delay detonators must be such that the

the probability of overlapping neighboring time degrees was allowed,

tolerance.



e) the electrical characteristics of electric detonators must be placed on the

packaging (this means the safe current, resistance, and more).



f) isolation is required to supply the wires of electric detonators

According to the terms of use has been mechanically fixed, resistant against climate

effects of electric průrazům. Must allow the attachment in the

the detonator.



D. propellants and rocket propellants propellants



and) these materials must not, when they are used in accordance with its intended purpose,

detonate.



(b)) the military sphere (for example, based on nitrocellulose) must be, if it is

must be stabilized against decomposition.



c) Solid fuel in a pressed or cast form shall not contain

no side cracks or air bubbles that adversely

affect their functioning.



Annex 2



The conformity assessment procedures



(I).



EC type-examination



1. Ec type-examination is the procedure whereby a notified body verifies

and a certificate confirms that a sample representing the subject production

meets the requirements of this regulation which apply to it.



2. the application for EC type-examination submitted by the manufacturer or his authorised

a representative for an authorized person.



The request contains



-the name and address of the manufacturer and, if the application is submitted by his authorised

a representative, his name and address,



-a written declaration that the application has not been lodged with any other

of the person,



-the technical documentation referred to in point 3.

The applicant shall provide a sample of the authorized person representing the intended

production (hereinafter referred to as "type"). If the test programme so requires, the

the authorized person to request further samples.



3. the technical documentation must enable the conformity of the product with the

requirements of the regulation. If it is necessary for conformity assessment must

include details about the design, manufacture and operation of the product in this range:



-a general type-description,



-conceptual design and manufacturing drawings and schemes of components, subassemblies

circuits, and more,



-descriptions and comment must be delivered to the understanding of the drawings and diagrams and the

functions of the product,



-list of the standards that have been fully or partially applied and a description of the

the solution adopted to meet the essential requirements of the regulation,



-results of design calculations made, examinations and

For more,



-test reports.



4. The notified body



4.1. examine the technical documentation, verify that the type has been manufactured in conformity

with documentation and identify the elements which have been designed in accordance with the relevant

provisions of the standards, as well as the elements which have been designed without the use of

the relevant provisions of these standards,



4.2. perform or have performed the appropriate examinations and necessary

tests to check whether, where the standards have not been applied, meets the solution

received by the manufacturer of the basic requirements of this regulation,



4.3. perform or have performed the appropriate examinations and necessary

tests to check whether, where the manufacturer has chosen to apply the relevant

standards, these have actually been applied,



4.4. agree with the applicant the location where the review will be carried out and

necessary tests.



5. Where the type meets the relevant provisions of this regulation, the

applicant notified body EC type examination certificate.

The certificate must contain the name and address of the manufacturer, conclusions of the examination and

the necessary information required for identification of the approved type.



The certificate shall be attached as an annex a list of the relevant parts of the

the technical documentation, and one copy of the list of the authorized person

Archives.

If the authorized person shall not issue the manufacturer or his authorised

representatives of the EC type examination certificate must indicate for this rejection

the reasons why.



6. The applicant shall inform the authorized person who keeps the technical

documentation relating to the EC type examination certificate of all

adjustments to the approved product which must receive additional for

approval, if such changes may affect conformity with the essential

requirements or the prescribed conditions for use of the product. This additional

the approval shall be carried out by way of Supplement to the initial EC certificate of

type-examination.



7. The notified body shall inform the other authorized persons of the corresponding

information relating to the EC type examination certificate and the issued and

cancelled the appendices.



8. other authorized persons may receive copies of the EC certificate of

type-examination and their additions. The annexes to the certificates must be

at any time available to other authorized persons.



9. the manufacturer or his authorized representative shall keep with

technical documentation also copies of certificates and EC type examination

their additions for a period ending at least 10 years after the production of the last piece of

of the product.



If you do not know the manufacturer or importer shall keep the technical documentation

the person who places the product on the market.



II.



Conformity to type



1. the procedure whereby the manufacturer or his authorised representative shall ensure

and declares that the explosive which is identical to the type as described in the certificate

The EC type examination and satisfies the relevant requirements of this regulation.



The manufacturer to affix the CE marking to each product and shall draw up for

the type of explosives the written declaration of conformity.



2. the manufacturer shall take all measures necessary in order that the manufacturing process

ensures compliance of the manufactured products with the type described in the EC certificate of

type-examination and the relevant safety requirements of this

of the regulation.



3. the manufacturer or his authorized representative must keep a copy of the Declaration of

conformity for at least 10 years from the manufacture of the last piece of the product.



If you do not know the manufacturer shall keep the technical documentation, the person who

places the product on the market.



4. The notified body carries out the inspection at set intervals

tests of the product. Taken on site by the notified body the needed samples

the finished product and carry out the appropriate tests and verification

referred to in the relevant standards, or equivalent tests, in order to

verified the conformity of the product with the relevant requirements of this regulation. In

If one or more of the samples of the product to be tested does not comply with

the notified body carries out appropriate measures. The manufacturer during the

the production process connects to the products identification symbol

authorized persons.



III.



Production quality assurance



1. the procedure whereby the manufacturer who fulfils the obligations laid down in

point 2, ensures and declares that the explosives concerned are in conformity with the type

as described in the EC type examination certificate and satisfy the requirements of this

of the regulation.



The manufacturer to affix the CE marking to each výbušnině and draw up for

the type of explosives the written declaration of conformity. On the label must be

the CE marking, accompanied by the designation of the notified body responsible for surveillance in

accordance with point 4.



2. the manufacturer must operate an approved quality system for production, final product

product inspection and testing as specified in the requirements referred to in point 3 and must

be subject to surveillance as specified in point 4.



3. Quality System



3.1. the application for assessment of his quality system for the explosive must submit an

the manufacturer with a notified body, which he chooses. The request contains



-all relevant information for the category of explosives,



-the documentation concerning the quality system,



-the technical documentation of the approved type and a copy of the certificate of

type-examination.



3.2. The quality system must ensure conformity of explosives with the type as described in the

the EC type examination certificate and with the requirements of this regulation which

apply to them.

All the elements, requirements and provisions adopted by the manufacturer must be

systematically and duly documented in writing in the form of policies, procedures and

the instructions. Documentation regarding the quality system must permit uniform

interpretation of the quality programmes, plans, manuals and quality records. Must


contain in particular an adequate description of



-the quality objectives and the organisational structure, responsibilities and powers of the management

in terms of the quality of the explosives,



-production processes, inspection and quality assurance procedures

quality assurance techniques, processes and systematic actions that will be

used,



-checking and tests that will be carried out before, during and

after manufacture, and the frequency of their implementation,



-the quality records, such as inspection reports and logs data on

calibration records of the qualifications of staff and others,



-the means of pursuing and achieving the required quality of explosive

the effective operation of the quality system.



3.3. The notified body shall assess the quality system to determine whether it meets the

the requirements referred to in point 3.2. Quality systems that meet the

the corresponding harmonised standard, must assume the fulfilment of these

requirements. Rendez-vous group must have at least one Member

experience in the assessment of the production technology. Part of the evaluation

is an inspection visit to the manufacturer's in the workplace. The decision shall be notified to

producers. The notification shall contain the conclusions of the inspection and the grounds for the decision about the

assessment.



3.4. the manufacturer shall take steps to ensure that the approved system was still

suitable and effective.



The manufacturer or his authorised representative shall inform the authorized person,

who approved the quality system of any intended adjustment to this

the system.

The notified body shall evaluate the proposed changes and decide whether the

modified quality system will still satisfy the requirements referred to in

paragraph 3.2, or whether to carry out a new assessment. Its decision

shall notify the manufacturer. The notification must contain the conclusions of the validation and the reasoned assessment

assessment decision.



4. the Responsibility of a notified body for surveillance



4.1. The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations

arising out of the approved quality system.



4.2. the manufacturer shall for inspection purposes allow the notified body access to the

production areas where the checks are carried out and testing, and to

storage spaces, and must provide it with all necessary information,

in particular, the



-the documentation concerning the quality system,



-the quality records, such as inspection reports and logs data from

and test data, calibration data, qualification of staff records

and more.



4.3. The notified body shall periodically carry out audits to ensure

that the manufacturer maintains and applies the quality system. The authorized person must

manufacturers to pass the message on the control.



4.4 in addition, the notified body may make unannounced visits to the

manufacturer. During these visits, the notified body may, if necessary,

carry out or have carried out tests to verify the proper operation of the system

the quality. The authorized person must pass the report on his visit,

and if the tests are carried out, and test reports.



5. the manufacturer for at least 10 years from the date of manufacture of the last piece of

explosives shall keep at the disposal of public authorities



-the documentation referred to in the second indent of point 3.1,



-documentation about editing under the second paragraph of point 3.4,



-the decisions and reports of the notified body which are referred to in

the last paragraph of points 3.4, 4.3 and 4.4.



6. each notified body shall give the other authorized persons

relevant information concerning approvals issued and withdrawn

quality systems.



IV.



Product quality assurance



1. the procedure whereby the manufacturer who fulfils the obligations laid down in

point 2, ensures and declares that the explosives are identical to the type as described in the

the EC type examination certificate. The manufacturer must connect to each

výbušnině the CE marking and to prepare for the type of explosives, the written

the Declaration of conformity. On the label of the CE marking must be accompanied by an indication

the notified body responsible for surveillance as specified in point 4.



2. the manufacturer must operate an approved quality system for final inspection and

completed testing of explosives according to the requirements referred to in point 3, and is

subject to surveillance as specified in point 4.



3. Quality System.



3.1 an application for assessment of his quality system for the explosives concerned serves

the manufacturer with a notified body, which he chooses. The application must

contain



-all relevant information for the category studied explosives,



-the documentation concerning the quality system,



-the technical documentation of the approved type and a copy of the certificate of

type-examination.



3.2 within the quality system, each explosive must be checked and the

adequately tested according to the requirements in the relevant standards

or equivalent tests must be carried out to verify their conformity with the

the relevant requirements of this regulation. All the elements, requirements, and

the measures adopted by the manufacturer must be systematically and properly in writing

documented in the form of policies, procedures and instructions. Documentation relating to the

the quality system must permit a consistent interpretation of the quality programmes, plans,

manuals and quality records. Must contain in particular an adequate description of



-the quality objectives and the organisational structure, responsibilities and powers of the management

in terms of product quality,



-checking and tests that will be carried out after manufacture,



-the means to monitor the effective operation of the quality system,



-the quality records, such as inspection reports and logs data from

and test data, calibration data, qualification of staff records

and more.



3.3. The notified body shall assess the quality system to determine whether it meets the

the requirements referred to in point 3.2. Rendez-vous group must have at least

one Member, who gained experience with the technology of the product

the assessor. Part of the assessment is the verification visit at the workplace

manufacturer. The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the

verification and justification of the assessment decision.



3.4. the manufacturer shall ensure the fulfilment of obligations arising from the approved

of the quality system and its maintenance, and its effectiveness. The manufacturer or his

authorised representative shall keep the authorized person

has approved the quality system of any intended change of the quality system.

The notified body shall evaluate the proposed changes and decide whether the modified

the quality system will still satisfy the requirements referred to in 3.2, or

whether you need to carry out a new assessment. Shall communicate its decision to the manufacturer.

The notification shall contain the conclusions of the validation and justification of the assessment decision.



4. the liability of the authorized persons for surveillance



4.1. The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations

arising from the approved quality system.



4.2. the manufacturer shall for inspection purposes allow the notified body access to the

production areas, areas where the checks are carried out and testing, and

in the storage rooms and must go to provide all the necessary

information, in particular



-the documentation concerning the quality system,



-the technical documentation,



-the quality records, such as inspection reports and logs data from

and test data, calibration data, qualification of staff records

and more.



4.3. The notified body shall periodically carry out audits to ensure

that the manufacturer maintains and applies the quality system. The notified body the manufacturer

provide a report on the inspection.



4.4. The notified body shall be authorised to carry out unannounced visits to

manufacturer. During these visits, the notified body may, if necessary,

carry out or have carried out tests to verify the proper operation of the system

the quality. The notified body shall forward to the manufacturer with a visit report and, if

the tests were carried out, and test reports.



5. the manufacturer for at least 10 years from the date of manufacture of the last piece of

explosives shall keep available for the needs of State bodies



-the documentation referred to in the third indent of point 3.1,



-documentation about editing under the second paragraph of point 3.4,



-the decisions and reports from the notified body which are referred to in

the last paragraph of points 3.4, 4.3 and 4.4.



6. each notified body shall give the other authorized persons

relevant information concerning approvals issued and withdrawn

quality systems.



In the.



Authentication of individual products



1. the procedure whereby the manufacturer or his authorised representative

ensures and declares that the explosives in accordance with the provisions of point 3 are identical

with the type described in the EC type examination certificate and satisfy the

the relevant requirements of this regulation.



2. the manufacturer shall carry out all measures necessary to ensure that the manufacturing process

ensures conformity of explosives with the type as described in the EC certificate of

type-examination and with the requirements of this regulation which apply to them.

The manufacturer to affix the CE marking to each výbušnině and draw up a declaration of

conformity.



3. The notified body carry out the appropriate examinations and tests in order to

check the conformity of the explosive with the relevant requirements of this

Regulation of the procedure as specified in point 4. The manufacturer or his authorised representative

shall be kept for at least 10 years from the date of manufacture of the last piece of

explosives of a copy of the Declaration of conformity.



4. Verification by examination and testing of every explosive



4.1 all explosives shall be individually examined and appropriate

way tested according to the requirements in the relevant standards or

equivalent tests be carried out to verify their conformity with the type


as described in the EC type examination certificate and the appropriate requirements

of this regulation.



4.2 the authorized person joins or leaves the connect your identification

the number on each piece approved explosives and draw up a written certificate of

conformity for the type of explosives with reference to the tests carried out.



4.3. the manufacturer or his authorized representative must be able to

deliver the certificates of conformity issued by the notified body.



Vi.



Unit verification



1. the procedure whereby the manufacturer ensures and declares that the explosives

which certificates have been issued according to paragraph 2, the relevant

the requirements of this regulation. The manufacturer to affix the CE marking to the product and

draw up a declaration of conformity.



2. The notified body checks to the explosive and carry out the appropriate

the test according to the relevant standards, or perform the equivalent test for

verify their conformity with the relevant requirements of this regulation.

The authorized person joins or leaves your mark on connect

approved explosive and draw up a certificate of conformity for the relevant type

explosives with reference to the tests carried out.



3. the aim of the technical documentation is to enable conformity with the requirements of

of this regulation and to understand the design, manufacture and function of explosives.

The technical dossier contains



-a general type-description,



-design and manufacturing drawings and schemes of components,

of components, sub-assemblies, circuits,



-descriptions and explanations necessary to understand the abovementioned drawings and

schemes and the functions of the explosive or protection system,



-list of the standards that have been fully or partially applied and a description of the

the solution adopted to meet the essential requirements of this regulation,



-results of design calculations, examinations,



-test reports.



Annex 3



The minimum requirements for authorization



1. The notified body, its Director and staff, who are responsible

for carrying out the verification tests shall not be the designers, manufacturers,

suppliers or users of explosives that control. Shall neither be

the authorised representative of any of those parties. Do not, either directly or

indirectly involved in the design, manufacture, placing on the market or service

these explosives. However, this shall not preclude the exchange of technical information between the

the manufacturer and the notified body.



2. The notified body and its staff must carry out the tests,

preparing the reports, issuing the certificates and documents required by this

Regulation Act with a high degree of expertise, independently of any

circles, groups or persons, which might affect its

judgement or the results of the inspection, especially from persons or groups,

that have an interest in the results of the validation.



3. the staff of the authorized person shall have the technical skills and

professional integrity.



4. The notified body must have at its disposal whether or not equipment necessary for the

proper performance of the administrative and technical tasks related to the

authentication.



5. the staff of the authorized persons performing the inspection must have



-sound technical and vocational training,



-knowledge of test methodologies and insufficient experience with the implementation of

the tests,



-the necessary capacity for the production of records, reports and certificates

related to these tests.



6. the staff of the authorized person must be impartial and their remuneration

must not depend on the number and outcome of the tests carried out.



7. The notified body must take out liability insurance.



8. the staff of the authorized persons shall keep confidential

the facts, which are the latest in the activities of a notified body

under this regulation.



Selected provisions of the novel



Article II of the Government Regulation No 416/2003 Coll.



Transitional provision



On the type test certificate issued before the effective date of this

Regulation shall be treated as the EC type examination certificate.



1) Council Directive 93/15/EEC of 5. April 1993 on the harmonisation of the laws of the

relating to the placing on the market and supervision of explosives for civil

the use of the.



2) § 21 para. 1 of Act No. 61/1988 Coll. on mining activities, explosives

and on the State Mining Administration, as amended by Act No. 425/1990 Coll., Act No.

542/1991 Coll., Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No.

71/2000 Coll., Act No. 128/2000 Coll. and Act No. 313/2001 Coll.



4) for example, Protocol to the Europe agreement on conformity assessment and acceptance of

industrial products, as amended by the sectoral annex "explosives",

published under Act No. 56/2001 Coll., m. s.



5) Government Regulation No. 291/2000 Coll., laying down graphic design

the CE marking.



6) for example, § 45 para. 3 (b). (b)) Act No 61/1988 Coll. on mining

activities, explosives and the State Mining Administration, as amended by Act No.

315/2001 Coll. and Act No. 228/2003 Coll.